Broome v. City of Charlotte

The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. For the purposes of the demurrer the facts set out in the complaint are deemed to be true. This requires a careful examination of the complaint to determine its legal effect.

The recognized doctrine in this jurisdiction is that a municipal corporation may not be held civilly liable to individuals for the negligence of its agents in performing duties which are governmental in their nature, and solely for the public benefit. Harrington v. Greenville, 159 N. C., 632; James…